The Equal Employment Opportunity Commission has filed a lawsuit on behalf of a worker identified as Jonathan Wolfe against Bojangles Restaurants, Inc. Wolfe was employed at a Bojangels in Fayetteville, NC.

According to the release, Wolfe "was repeatedly subjected to offensive comments about her gender identity and appearance. The belittling statements often demanded that Wolfe, who identifies and presents as a woman, engage in behavior and grooming practices that are stereotypically male, because that is the sex Wolfe was assigned at birth."

The release said derogatory comments about Wolfe continued, even after she had reported them on at least two occasions.

Wolfe was fired shortly after complaining about the statements.

Lynette Barnes, a lawyer for the EEOC's Charlotte district, declined to provide specific information about Wolfe or additional facts of her case as a matter of policy. She did say that Wolfe worked at the Bojangles in the 1900 block of Owen Drive from May 2012 to February 2013.

Brian Little, spokesman for Bojangles Inc. in Charlotte, said the fast-food chain has a policy prohibiting discrimination on the basis of sex.

In this case, Bojangles' decision to terminate this employee's employment was based upon misconduct including insubordination, and had nothing to do with the employee's sex or gender identity.

--Little

All employees have the right to work in an environment free from sexual harassment and gender stereotypes. Federal law provides transgender employees protection from sex discrimination in the workplace.

--Barnes

Jonathan Wolfe, who was transitioning from male to female, was subjected to a manager's negative remarks about her effeminate mannerisms shortly after she was hired by Bojangles Restaurants Inc., the Equal Employment Opportunity Commission charged in the July 6 complaint.

Wolfe wore modest makeup and a gender-neutral hairstyle at work, the agency said. Her troubles escalated after she showed up at her store while off duty “fully dressed as a woman,” it said. She was told she could no longer wear makeup or fake fingernails while working and to never again enter the store dressed as a woman.

Her unit director made comments from the outset about Wolfe's posture, gait and speech. A few months into her employment, Wolfe visited her store dressed as a woman while off-duty, and the unit director immediately forbade her from ever doing so again, the complaint said.

A month or so later, an assistant manager started making harassing remarks to Wolfe, including “pray to God or go to hell,” “God made woman for man,” and “Boy, you need to pray.” Wolfe complained, and the assistant manager was promoted to unit director at a different Fayetteville location, the EEOC asserted.

Wolfe was hired as a biscuit maker in May 2012, according to the complaint. She “wore modest and natural makeup, short and cleanly-maintained artificial fingernails, and her hair in a very short and gender-neutral ‘afro' hairstyle” when she was hired by and throughout her employment with Bojangles. She also wore the company's gender-neutral polo shirt, shoes and visor, and her own women's slacks, the EEOC said.

Wolfe was moved to a cashier position and told to speak in a male voice and behave in a manner consistent with male stereotypes.

Another assistant manager criticized Wolfe when she subsequently visited her store while off-duty wearing braided hair extensions that reached the middle of her back. The unit director told Wolfe not to wear the extensions in the store again because she is a “male” and that she would be fired if she failed to comply, according to the complaint.

Wolfe was fired by the area director in February 2013 after calling the company's employee hotline to complain.

EEOC seeks back pay, compensatory damages, punitive damages and injunctive relief.